Explanation
BACKGROUND: This ordinance amends Title 2 and Title ll of the Columbus City Code, 1959 to reflect the merger and consolidation of the Divisions of Electricity and Water forming the Division of Power and Water within the Department of Public Utilities.
Title
To amend various sections of Title 2 and Title 11 of the Columbus City Code, 1959, to reflect the merger and consolidation of the Divisions of Electricity and Water forming the Division of Power and Water within the Department of Public Utilities.
Body
WHEREAS, the City of Columbus, Department of Public Utilities, wishes to amend all references to the Divisions of Electricity and Water, and
WHEREAS, the current Columbus City Codes, 1959 currently lists many references to the separate Divisions of Electricity and Water, and
WHEREAS, it has become necessary in the usual daily operation of Department of Public Utilities, to authorize the Council of the City of Columbus to amend Title 2 and Title 11 of the Columbus City Codes, to modify references to the Division of Power and Water and outdated language, for the preservation of public health, peace, property and safety; now, therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That Title 2, Chapter 221, of the Columbus City Codes, 1959, be amended by modifying the following:
Chapter 221 DEPARTMENT OF PUBLIC UTILITIES
221.01 Department of public utilities established.
There is established a department of public utilities consisting of a director of public utilities, two (2) deputy directors of public utilities, the division of electricity power and water, the division of sewerage and drainage, the division of water and the division of operational support. The department shall perform all lawful functions as may be directed by the mayor or ordinance of council. (Ord. 478-92: Ord. 1908-04 ยง 1.)
221.04 Division of electricity.
The division of electricity is established as a division of the department of public utilities. The administrative head of the division shall be the electricity administrator. (Ord. 478-92.)
221.06 Division of power and water.
The division of power and water is established as a division of the department of public utilities. The administrative head of the division shall be the power and water administrator. (Ord. 478-92.)
SECTION 2. That Title 11 of the Columbus City Codes, 1959, be amended by modifying the following:
1101.1 Rules of the director of public utilities Director of Public Utilities.
The director of public utilities Director of Public Utilities shall consistent with policies established by council, make rules regarding the conditions under which water and electricity service shall be rendered. (Ord. 478-92)
1101.02 Effectiveness of rules.
Any rules and regulations issued by the director of public utilities Director of Public Utilities are made effective on all consumers of water or electricity from the system of the division of water Division of Power and Water, both within and without the corporate limits. (Ord. 478-92.)
1101.03 Termination of water or electricity service
(a) After twenty-one (21) days' notice, except as provided in Section 1101.04, the director may terminate water or electricity services to any person or real estate using city water or electricity in violation of this chapter for any of the following conditions.
(b) The notice shall indicate the basis upon which service is being terminated and date after which service will be terminated if the violations are not corrected, or applicable payment or payment agreements are not received by the division of water Division of Power and Water pursuant to City Code Section 1105.12. The notice shall also indicate the hearing rights afforded to any person affected by the termination notice by which the person may contest the water service termination. The notice shall be mailed or hand delivered to the address of the customer of record and to the service address.
c) Any affected person desiring a hearing concerning a termination of water or electricity service under this section or billing dispute under City Code Section 1105.12(E) must request a hearing with the director by submitting a written and signed request to the division of water Division of Power and Water no later than ten (10) days after receipt of a termination notice, or ten (10) days after the due date of the bill in question, whichever date is later.
1101.04 Charge for renewal of service.
In all such cases where the director of public utilities Director of Public Utilities has ordered a discontinuance of water or electricity service for a violation of any rule or regulation there shall be charged the fees prescribed in C.C. 1105.09 for renewal of the water service. (Ord. 478-92.)
1101.05 Revocation of licenses.
In case any person violating any of the provisions of this Article One or any of the prescribed rules and regulations of the department of public utilities Department of Public Utilities shall have a license as a sewer builder or plumber or shall be an employee of such licensee, the license shall be revoked by the board or officer issuing such license, and such person or licensee, in addition thereto, shall be subject to C.C. 1101.99. (Ord. 478-92.)
1101.99 Penalty.
Whoever violates any provision of this chapter, or any prescribed rule or regulation of the department of public utilities Department of Public Utilities and aviation authorized by this chapter, shall be deemed guilty of a misdemeanor and fined not exceeding one hundred dollars ($100.00), or imprisoned for not more than thirty (30) days, or both. Any such violation shall constitute a separate offense on each successive day continued. (Ord. 513-84.)
1103.01 Illegal use of water or electricity; information; posting.
(a) It shall be unlawful for any person to take water or electricity or in any way use water or electricity for private use which is furnished by the division of water Division of Power and Water, unless such person shall have first paid for and received a permit for such use from the administrator of the division of water Division of Power and Water. Any person not employed by the city, or any ex-employees of the city, who furnishes information to the division of water Division of Power and Water of any such illegal use of water or electricity, may receive as his compensation for such information, not to exceed twenty-five (25) percent of any amount received by the division of water Division of Power and Water as a result of such information for such illegal use of water, and the amounts to be paid to such informant under twenty-five (25) percent, to be left to the discretion of the administrator of the division of water Division of Power and Water. The administrator is authorized to make such payments out of the amount so recovered; provided, however, that the foregoing provisions of this section shall not apply to the use of water for the extinguishing of fires.
(b) The administrator of the division of water Division of Power and Water shall have printed and cause the same to be posted in as many public places in the city as he deems necessary, copies of (a) above. (Ord. 513-84.)
1103.02 Permit for work on pipes.
No plumber shall make any attachments, additions to or alterations in any city service pipe, cock or any fixture connected with the service water pipes, unless he shall first procure a permit from the administrator of the division of water Division of Power and Water for such work, and shall make a written return of the same, as prescribed in the rules and regulations of the division of water Division of Power and Water. (Ord. 513-84.)
1103.03 Tapping mains.
No person other than the properly authorized employees of the division of water Division of Power and Water acting under the direction of the director of public utilities Director of Public Utilities or a person or firm authorized by the director of public utilities Director of Public Utilities shall be permitted to tap or make any connections with the main or distributing pipes of the division of water Division of Power and Water. (Ord. 478-92.)
1103.05 Permission to let water into premises.
No plumber, after making any connection with the service pipe or after making repairs or putting in any new attachment, shall leave the stopcock open or let the water into the premises without permission from the director of public utilities Director of Public Utilities. (Ord. 478-92.)
1105.01 Definitions.
"Eligible senior consumer" shall mean any customer who applies for and receives certification by the division of water Division of Power and Water that he or she (a) receives service by means of a single meter, registering to a single-family residence; (b) is personally or whose spouse is personally responsible (c) is sixty (60) years of age or older and (d) has a total income for a one (1) person household not greater than seven thousand eight hundred dollars ($7,800.00) or one hundred fifty (150) percent of the federally established poverty level, whichever is greater; or a total income for a two (2) or more person household of one hundred fifty (150) percent of the federally established poverty level, as defined by the poverty threshold statistics published annually by the Poverty Statistic Branch of the Bureau of the Census.
"Water service outside city" means water service furnished to consumers in contract areas or water service authorized by the director of public utilities Director of Public Utilities for consumers in noncontract areas. (Ord. 478-92; Ord. 728-99 ยง 1 (part); Ord. 1804-03 ยง 1.)
1105.038 Water metering systems.
A. The director of public utilities Director of Public Utilities is hereby authorized to install, read and maintain metering systems to any and all properties served with water by the division of water Division of Power and Water.
B. The director of public utilities Director of Public Utilities or his appointed agents are authorized to enter all properties served with water by the division of water Division of Power and Water for the purpose of installing, reading and maintaining the metering system. (Ord. 478-92.)
D. The property owner shall pay the appropriate service termination and resumption charges as specified in Section 1105.09 for denying access to the director of public utilities Director of Public Utilities or his agents for the purpose of installing, reading and maintaining the metering system. (Ord. 478-92.)
F. If the customer causes the obstruction of the metering system after its installation, or requests that the metering system be relocated, and the division of water Division of Power and Water agrees to perform such relocation, the customer shall be responsible for the relocation trip charge as specified in Section 1105.09, plus the actual costs of relocating any part of the metering system. (Ord. 2810-89.)
G. The director of public utilities Director of Public Utilities will determine the type of metering system to be installed for each customer and that if in the director's opinion an existing system is inadequate to meet the intent of Section 1105.038, the director shall cause it to be replaced with a system meeting said intent. (Ord. 478-92.)
1105.045 Unpaid charges a lien-Owner liable.
F. The owner of real estate premises by installing or maintaining water service from the city is deemed to assent to all rules and regulations of the division of water Division of Power and Water and ordinance of the city pertaining to water service and distribution. (Ord. 2804-91.)
1105.06 Charges when meter impracticable.
When it is impracticable to supply water through a meter a fair and uniform charge shall be made by the administrator of the division of water Division of Power and Water. (Ord. 513-84.)
1105.07 Meter service fee.
Size of meter--5/8" - 1-1/2":
The cost of the meter service fee shall be based upon (1) the current contract cost of the metering system, (2) the current contract cost of the yoke or meter setter (usage of which is contingent upon meter size), (3) the cost of installing the metering system, and (4) a fifteen (15) percent charge of items 1 through 3 for handling and other administrative costs. The cost of the above items may be obtained from the division of water Division of Power and Water, sales water permits office.
Size of meter--2" and larger:
The cost of the meter service fee shall be the current contract cost of the metering system plus twenty-five (25) percent. The installation of the metering system shall be made by the applicant under the inspection and approval of the division of water Division of Power and Water. The metering system shall be maintained by and remain the property of the city.
General Provisions. The new meter service fee, as set forth above, shall become effective as of July 1, 1986. It will be reviewed each year by the director of public utilities Director of Public Utilities, who shall recommend to council any needed adjustments based upon actual costs. (Ord. 478-92; Ord. 728-99 ยง 1 (part).)
1105.08 Water tap charge.
The division of water Division of Power and Water will make and maintain the water tap which shall remain the property of the city. The tap charge shall be paid in advance as follows:
Size of tap--Larger than 2":
For taps larger than two (2) inches in nominal diameter, the charge shall be actual cost plus twenty-five (25) percent. A cash deposit equal to the estimated charge shall be required. Any excess deposit will be refunded and any deficiency shall be paid.
All water taps in subdivisions or developments must be installed at the time the water mains are installed, pursuant to Section 183 of the Charter. Every property owner shall be required to install a tap for each lot or parcel immediately prior to the paving of any street when ordered by the director of public service pursuant to Section 183 of the Charter.
Taps may be installed by a qualified contractor upon issuance of a permit by the division of water Division of Power and Water. Such installation must conform to the standards and specifications of the division of water Division of Power and Water and must be approved by the division of water Division of Power and Water. (Ord. 2810-89.)
1105.09 Special charges.
The following charges shall be paid for the specified special services furnished by the division of water Division of Power and Water:
A. Special meter reading at request of consumer,
except for final bill or initial service:
During regular working hours................................................................$15.00
After regular working hours.....................................................................$25.00
B. Service charge for trip to discontinue or attempt to
discontinue water or electricity service due to non-payment of account
arrearages.........................................................................................................$40.00
C. Service charge to (1) relocate metering system due
to obstruction of the metering system or at the request of
the customer, (2) disconnect or remove the metering system
at request of customer, except where service line is being
capped and abandoned, or (3) reconnect the metering
system at request of the customer..............................................................$20.00
(Plus actual cost of relocation, disconnecting, removing and/or
reconnecting any part of the metering system.) (Ord. 1506-99 ยง 1)
D. Service charge to turn on or off service at curb box
at request of customer (except for emergency repairs.)
During regular working hours................................................................$20.00
After regular working hours.....................................................................$30.00
E. Service charge to repair meter damaged by customer
abuse, tampering, freezing, or hot water. (Plus actual cost
of repair or new metering system, if required.)
During regular working hours.................................................................$33.00
After regular working hours..................................................................$50.00
(Ord. 1848-90; Ord. 0572-04 ยง 1.)
F. Service charge to investigate, notify or discontinue
water service as a result of fraud or illegal diversion of
water, including unauthorized turn on or other violation of
the rules and regulations of the director of public utilities
used).................................................................................................................$31.00
(Ord. 478-92.)
G. Testing of meter at request of customer:
(1) Where meter does not test within ninety-seven (97)
percent and one hundred three (103) percent accuracy..........................None
(2) Where meter tests within ninety-seven (97) percent
and one hundred three (103) percent accuracy........................................$40.00
(3) Where meter is two (2) inches or larger in diameter,
the meter shall be removed, transported to and from the
meter shop, and reinstalled by the consumer under the
inspection and approval of the division of water
H. Returned check processing charge.........................................................$25.00
I. Service charge for additional trip to install metering system..............$25.00
J. Service charge to pump out meter pit to obtain a meter reading........$50.00
K. Service charges associated with the chlorination
process shall be as follows:
(1) Preliminary field check...............................................................................$50.00
(2) Additional field checks (each occasion).................................................$50.00
(3) Chlorination/flushed (each occasion).....................................................$50.00
(4) Flush and sample (each occasion)...........................................................$50.00
(5) Processing charge....................................................................................$15.00
L. Special charge for renewed service inspections
performed on overtime.
Charge for a renewed service inspection is the actual overtime cost incurred.
M. Hydrant Flow Test..................................................................................$75.00
N. Charges and fees for personnel services, administrative costs, indirect costs, labor and material supplied by the Division of Power and Water may be established by Rule and Regulation of the Director pursuant to 1101.1.
(Ord. 1848-90; Ord. 74-01 ยง 1; Ord. 680-02 ยง 1; Ord. 1621-03 ยง 1; Ord. 0572-04 ยง 1; Ord. 1211-04 ยง 1 (part).)
1105.10 Fire protection service inside city.
For all fire protection service installations made after the effective date of this chapter requiring a separate fire service line the consumer shall install at his expense, subject to the inspection and approval of the division of water Division of Power and Water, all of the piping system necessary to extend from the consumer's system and connect to the city's existing water main.
All separate fire service lines shall have installed, before service is established, an approved meter installation. Such meter and the installation shall meet the specifications and approval of the division of water Division of Power and Water and the entire installation shall be at the expense of the consumer.
The city reserves the right to order the installation of a meter on an existing fire protection line upon violation of applicable ordinances and the rules and regulations of the director of public utilities Director of Public Utilities.
All outlets, except sprinkler heads, on unmetered fire protection service shall be sealed under the supervision of the division of water Division of Power and Water. No person shall break a seal or withdraw water from any unmetered fire protection system, except in the case of fire, without prior approval of the administrator of the division of water Division of Power and Water. (Ord. 478-92: Ord. 2380 ยง 4.)
1105.11 Water main front foot connection charge.
C. The director of public utilities Director of Public Utilities or appointed designee reserves the right to calculate and/or change front footage charges based upon topographical characteristics of a lot or irregular parcel of ground not covered in subsections (A) and (B) above. Reasons for such reductions may include, but are not limited to, gullies, ditches, creeks, streams, and/or utility easements. (Ord. 2528-96 ยง 1 (part); Ord. 728-99 ยง 1 (part); Ord. 1447-02 ยง 1.)
1105.12 Billing, meter reading--Terms of payment.
A. Billing. The city may render bills for water service on either a monthly or quarterly basis. (Ord. 35-85)
B. Water Bill Calculations. All meter readings and billings may be in units of one hundred (100) or one thousand (1,000) cubic feet, cubic meters or gallons and there shall be no proration of rates, except rates which may be prorated at the time of a rate change. Monthly periods described in Sections 1105.04, 1105.05, 1105.055 and 1147.11 are based on a thirty (30) day period. The amount billed shall be established by dividing the applicable rate by thirty (30) days to derive a daily rate and multiplying the daily rate by the number of days in the billing period. (Ord. 459-94)
C. Terms of Payment. The water rates prescribed in City Code Sections 1105.04, 1105.05, 1105.09 and 1105.10 are net.
If bills are not paid within twenty-eight (28) days from the date of billing a gross rate, which is the net rate plus ten (10) percent, shall apply. (Ord. 35-85; Ord. 3252-98 ยง 1 (part); Ord. 1448-02 ยง 1.)
D. Termination for Nonpayment of Accounts. Water and electricity service may be terminated for nonpayment of any and all charges now and hereafter in force, whether charged by the city of Columbus division of water Division of Power and Water, city of Columbus division of sewerage and drainage Division of Sewerage and Drainage, or any of the division's contracting political subdivisions. Termination of water or electricity service for nonpayment of account shall be pursuant to the provisions of city code Section 1101.03.
Water and electricity service will not be resumed until all service charges due and payable have been collected or a suitable payment agreement has been received from the customer of record or the owner of the real estate.
The customer of record and the owner of the real estate shall be responsible for payment of all applicable service charges as defined in city code Chapter 1105.
E. Billing Disputes. Customers of record and owners of the real estate wishing to contest any service charges for which they have been billed shall contact the division of water Division of Power and Water at the phone number and/or address provided on the bill, to discuss the matter with a division customer service representative. If the billing dispute is not resolved through discussion with division the customer service representatives, the customer of record or owner of the real estate may file a request for a hearing on the matter with the director, pursuant to provisions set forth in city code Section 1101.03 (C). (Ord. 2805-91)
1105.13 Distribution of waterworks revenues.
There shall be and hereby is established for the division of water Division of Power and Water, one (1) basic fund, entitled the "Water System Revenue." This fund is to be used for all normal operating costs of the division of water Division of Power and Water in providing water service.
1105.14 Water main extension.
The director of public utilities Director of Public Utilities is authorized to provide water service to new consumers inside the corporate limits of the city when he determines that the water main extension is feasible both economically and from an engineering point of view and will not be detrimental to the best interests of the city having given consideration to the overall effect on the total water system and to the long term plans and probable future growth of the water system of the city. (Ord. 478-92.)
1105.15 Charge for extension of water mains.
(B) Noncontract Areas:
(2) The specifications and standards of construction for all water main extensions shall be approved by the division of water Division of Power and Water.
(3) The size of all water mains shall be determined by the administrator of the division of water Division of Power and Water and shall be large enough not only to serve the areas under immediate consideration but also to serve areas which are likely to be developed and which would be served by the water main under construction.
Unless otherwise required by the administrator of the division of water Division of Power and Water, no water main shall be smaller than six (6) inches nominal diameter.
(4) All extensions of water mains shall include the installation of all taps, valves and fire hydrants. The number and location of fire hydrants shall be in accordance with standards established by the Columbus division of fire Division of Fire and shall be installed and paid for by the applicant or developer under the supervision of the Columbus division of fire Division of Fire. The number and location of all taps and valves shall be as required by the administrator of the division of water Division of Power and Water.
(C) Within the City:
(2) The administrator of the division of fire Division of Power and Water shall determine from the division's records, or other sources, the cost of the pipe, fittings and valves, and this determination shall be final. (Ord. 513-84.)
(3) The director of public utilities Director of Public Utilities may authorize water main extensions to be installed by a qualified developer and he shall determine whether the water main shall be installed by the city or by the applicant or developer. (Ord. 478-92.)
(4) For each water main extension requested and installed by the city, the division of water Division of Power and Water shall make an estimate of the total costs involved and the applicants or developer shall make a deposit to the city that is sufficient to cover the estimated cost of the water main extension. If the actual cost of the extension is higher or lower than the deposit, the applicants or developer will be refunded the amount of any excess deposit or shall pay to the city any deficit that may exist in the deposit, as the case may be.
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(6) The specifications and standards of construction for all water main extensions shall be prepared by the division of water Division of Power and Water. Plans and installation shall be subject to approval of the division of water Division of Power and Water.
(7) The size of all water mains shall be determined by the administrator of the division of water Division of Power and Water and shall be large enough not only to serve the areas under immediate consideration but also to serve areas which are likely to be developed and which should be served by the water main under consideration.
Unless otherwise required by the administrator of the division of water Division of Power and Water, no water main shall be smaller than six (6) inches nominal diameter.
(8) All extensions of water mains shall include the installation of all taps, valves and fire hydrants. The number and location of the fire hydrants shall be in accordance with the requirements of the Columbus division of fire Division of Fire. The number and location of all taps and valves shall be as require by the admnistrator of the division of water ul Division of Power and Water.
(10) No water mains shall be installed except by the city unless authorized by an agreement between the city and the developer or applicants. Where water mains are installed by a developer or applicants and abut on parcels not owned by the developer or applicants nor included in the agreement, the developer or applicants shall be entitled to reimbursement when such parcels are connected to the water main within ten (10) years after the completion of the water main from the funds collected by the city for such connections pursuant to Section 1105.11 C.C. The amount of the reimbursement shall be determined by dividing the cost of the water main paid by the developer or applicants by the available frontage abutting on the water main provided that the total amount of reimbursement per front foot of property served shall not exceed the applicable charges established by Section 405.11 C.C.
To be eligible for this reimbursement, the developer or applicants must file with the division of water Division of Power and Water within ninety days after the completion of the water main or such further time as may be authorized by the director of public utilities Director of Public Utilities in accordance with the standards and specifications, receipts for all labor and material used in connection with the construction of the water main, together with the final, as-built plans, properly referenced for future location of the work. (Ord. 478-92.)
1105.17 Water system capacity charge.
No person shall make a service connection or any part thereof, unless a permit has been issued by the director of public utilities Director of Public Utilities or appointed designee. The following charges shall be levied for each service connection made to any property and shall be paid at the time a permit is issued for the service connection. A separate payment shall be submitted for each permit requested.
1105.18 Corrections to billing; limits; exception.
(A) If the division of water Division of Power and Water has undercharged a customer for water service because of a malfunctioning metering system or billing error, the division may only bill the customer for the portion of the unbilled water and sewer consumption used in the two (2) year period immediately prior to the date the division remedies the malfunctioning meter or billing error.
(B) If, however, during the two (2) year period described in Part A, the division of water Division of Power and Water has attempted to verify or repair a malfunctioning metering system and the customer has not responded to requests to read or repair the meter, the division will bill the customer for the amount of the unbilled water and sewer consumption used in the six (6) year period immediately prior to the date the division remedies the malfunctioning meter.
1105.19 Water sampling credit.
To provide proper compensation to customers for their assistance in any collection or sampling efforts that may be mandated by any local, state or federal agency. The division of water Division of Power and Water may apply a credit to any customer's account for such services rendered. This credit shall be determined by actual cost related to the services that the division of water Division of Power and Water has requested of any individual customer. (Ord. 1114-00 ยง 1.)
1105.20 Yard restoration.
In cases wherein the division of water Division of Power and Water has performed excavation in an easement or public right-of-way for the purposes of repairing or replacing a portion of the water distribution system, the division of water Division of Power and Water may offer to compensate property owner for acceptance of responsibility for yard restoration in lieu of the division of water Division of Power and Water providing this service. Acceptance of responsibility shall be established by means of a signed agreement with the property owner. Compensation shall be made as a credit to the property owner's account. Compensation shall be based on the square footage of the damaged area applied to a predetermined cost structure, based on actual costs. (Ord. 1033-03 ยง 1; Ord. 0178-03 ยง 1.)
1105.21 Low income discount for commodity charges.
(B) All low income residential customers may receive a fifteen (15) percent discount on the commodity portion of their water bill. This discount will be available to the low income residential customer upon application to and approval of the department of public utilities Department of Public Utilities.
(D) Columbus city council charged the department of public utilities Department of Public Utilities to develop a tiered system to provide low-income users financial relief, in light of the rate increases that are mandated by federal clean water standards. Council appreciates the great progress made. However, more needs to be done to ensure that low-income residents who are not direct utility system customers have the same opportunity for discounts and financial relief as available to low-income residents who are direct users. To that end, the public utilities department Department of Public Utilities shall convene a task force within thirty (30) days to study ways to provide assistance to low-income indirect users, and to provide city council with recommendations no later than sixty (60) days thereafter. (Ord. 1905-05 ยง 4.)
1107.01 Collection and disposition of moneys.
All moneys payable to the division of water Division of Power and Water for water service shall be collected at the waterworks office. All moneys collected by the division of water Division of Power and Water shall be turned over to the city treasurer by the cashier of the division of water Division of Power and Water within not less than twenty-four (24) hours from the time it is received. (Sec. 44.5.)
1107.02 Disposition of security deposits.
(b) All moneys transferred to the sinking fund in accordance with C.C. 1107.03 shall be thereafter retained until either returned to the depositor or claimed by the lawful owner. If not claimed within a period of five (5) years after termination of the services for which the deposit was made, such money shall revert to the water system revenue fund of the division of water Division of Power and Water. (Ord. 138-87.)
1107.03 Handling of funds by sinking fund.
The trustees of the sinking fund are authorized and directed to receive and invest all funds transferred, under the provisions of C.C. 1107.02, in the same manner as other funds in their hands or handled and invested, in trust, however, for the division of water Division of Power and Water. The trustees shall place to the credit of such fund annually the interest earned thereon, which shall in like manner be held and invested. (Sec. 44.17.)
1107.04 Transfer of funds.
The fund, mentioned in C.C. 1107.02 and 1107.03, or any part thereof, shall always be subject to retransfer to the fund from which received, on written order of the director of public utilities Director of Public Utilities for the purpose of final adjustment of the depositor's account. (Ord. 478-92.)
1107.05 Depreciation fund.
The city auditor is authorized and directed to establish, out of the revenues of the division of water Division of Power and Water, a depreciation fund, which shall, as nearly as practicable, equal the annual loss by depreciation sustained by the water plant. (Sec. 44.19.)
1109.02 Application--Investigation.
Hospitals, asylums and other institutions devoted to the relief of the poor, the aged, the infirm or destitute persons or orphan children, situated within the corporate limits, and not maintained by general taxation, desiring to be relieved from the payment of bills for water service, shall make application for such relief, at the office of the division of water Division of Power and Water, upon prepared forms, detailing information necessary in determining whether or not such relief from the payment of water bills should be granted by the city council. The division of water Division of Power and Water shall investigate each application, and, together with application, within ten days after its receipt, shall file with the clerk of the city council, a report showing the number of rooms, conditions of plumbing, arrangement of meter and service supplying water for power, elevator, domestic and other charitable, partly charitable and noncharitable purposes. (Sec. 44.30.)
1109.05 Bills to be paid by council.
The division of water Division of Power and Water of the department of public utilities Department of Public Utilities, at its regular monthly collection periods, shall at the then current rate per one thousand (1,000) cubic feet charged general consumers for water, render to the city council, bills for the amount of water used by hospitals and institutions granted the use of water free of charge under conditions and terms named herein, which bills shall be promptly paid to the division of water Division of Power and Water out of the general revenue fund of the city upon provision being made therefor by the council. (Ord. 478-92.)
1109.06 Institutions to pay if council does not.
If the bills mentioned in C.C. 1109.05 are not authorized by the council to be paid to the division of water Division of Power and Water within the time limit allowed for the payment of regular monthly water bills, the division of water Division of Power and Water is authorized and directed to notify such hospitals and institutions that all bills for water supplied from the date for which such bills are rendered will be required to be paid by such hospitals and institutions. All such hospitals and institutions in such case shall be required to pay for all water supplied them by the division of water Division of Power and Water, unless and until provision is made for its payment by the council. (Sec. 44.35.)
1109.07 Notification of changes in plumbing--Inspections.
Hospitals or institutions granted water free of charge shall notify the division of water Division of Power and Water of any changes or alterations in plumbing or buildings as soon as completed. The division of water Division of Power and Water shall make periodical inspections of such hospitals and institutions, and if changes or alterations conflict with the original report of the service supplied, the city clerk shall be promptly notified. (Sec. 44.32.)
1109.08 Revocation of privileges for wastage.
Wastage of water by reason of defective plumbing or otherwise shall be avoided by hospitals and institutions, under the provisions of C.C. 1109.02, 1109.03 and 1109.07, and the privileges granted by such sections revoked if such wastage is not stopped within five (5) days after notification by the division of water Division of Power and Water that such wastage exists. (Sec. 44.33.)
1111.02 Maintenance of privy vaults near watercourses.
No person shall maintain any privy vault, catch basin, or other receptacle for sanitary or domestic sewage, barnyard, pig sty, hen coop, hog wallow, garbage heap or dump, or rubbish heap or dump within one hundred and fifty feet of any watercourse from which the city takes water for its water supply above the intake of any city water filtration plant or within one hundred fifty feet of the high water mark in any ravine, run, swale, draw, sinkhole, stream, ditch, or other watercourse, whereby water may flow directly or indirectly, permanently or at intervals, into any such watercourse from which the city takes water above the intake of any such plant; provided, that this section shall not apply to the maintenance of any privy vault, catch basin or other receptacle for sanitary or domestic sewage or of any barnyard, pig sty, hen coop, hog wallow, garbage heap or rubbish heap, from which no filthy or unsanitary matter can drain or flow into such stream above the intake of such plant, or into any ravine, run, swale, draw, sinkhole, stream, ditch or other watercourse, whereby such matter may be drained or may flow into any such watercourse above the intake of such plant and the director of public utilities Director of Public Utilities of such city finds such to be the fact; provided further that this section shall apply outside the corporate limits only in those areas in which the city may now or hereafter be authorized by law to regulate. (Ord. 478-92.)
1111.05 Inspections.
It shall be unlawful for any person having, owning or using the receptacles referred to in C.C. 1111.04 to refuse to permit the same to be inspected by the director of public utilities Director of Public Utilities or by some person duly authorized by him to make such inspection. (Ord. 478-92.)
1111.11 Work or construction in or about streams or watercourses.
No person shall construct any dam, levee, obstruction diminishing the cross section of a stream or watercourse, pier, abutment, bridge, lake, pond, or reservoir in, over, across or about any stream or watercourse, or shall alter the course or channel of any stream or watercourse, or shall widen or deepen any stream or watercourse, or shall perform any other work or construction which diminishes the cross section or capacity of any stream or watercourse without first obtaining a permit to do so from the director of public utilities Director of Public Utilities.
Any person desiring to perform any such work or construction shall make application to the director of public utilities Director of Public Utilities, accompanied by a fee of two dollars ($2.00), and a copy of the plans and specifications for such work or construction. The director shall issue a permit to the applicant if he determines that the proposed work or construction will not hinder the free flow of water in the stream or watercourse, will not materially reduce the carrying capacity of the stream or watercourse, will not create a flood hazard to any public or private property in times of high water, will not cause injury to or otherwise adversely affect the rights or property of upper or lower riparian owners, and will not be adverse to the public interest. The director shall not issue a permit if he determines that the proposed work or construction will hinder the free flow of water in the stream or watercourse, will materially reduce the carrying capacity of the stream or watercourse, will create a flood hazard to any property, public or private, in times of high water, will cause injury to or otherwise adversely affect the rights or property of any upper or lower riparian owner or will be adverse to the public interest. (Ord. 478-92.)
1113.01 Protection against polluted water.
(A) If, in the opinion of the administrator of the division of water Division of Power and Water or his/her designees, an approved backflow prevention device is necessary for the safety of the public water system, the administrator of the division of water Division of Power and Water will give notice to the water consumer to install such an approved device immediately. The water consumer shall, at his/her own expense, install an approved device at a location and in a manner approved by the administrator of the division of water Division of Power and Water and shall have inspections and tests made of such approved device as required by the administrator of the division of water Division of Power and Water.
(C) The division of water Division of Power and Water shall make surveys and investigations of industrial and other properties served by the public water supply where actual or potential hazards to the public water system may exist. Such surveys and investigations shall be made a matter of public record and shall be repeated as often as the administrator of the division of water Division of Power and Water shall deem necessary.
(D) The administrator of the division of water Division of Power and Water or his/her duly authorized representative shall have the right to enter any property served by a connection to the city's water supply for the purpose of inspecting the piping system or systems thereof. On request, the owner, lessees or occupants of any property so served shall furnish to the administrator of the division of water Division of Power and Water any information, which the administrator may deem necessary, regarding the piping system or systems or water use on such property. The refusal of such information or entry, when requested, shall, within the discretion of the administrator of the division of water Division of Power and Water, be deemed evidence of the presence of improper connections.
(E) The administrator of the division of water Division of Power and Water shall be authorized to discontinue, after due notice to the occupants thereof, the water service to any property where any connection in violation of the provisions of this section is known to exist, and to take such other precautionary measures as he/she may deem necessary to eliminate any danger to the city's water supply distribution system. Water service to such property shall not be restored until any such dangerous conditions have been eliminated or corrected in compliance with the provisions of this section. (Ord. 1525-90.)
(F) The director of public utilities Director of Public Utilities shall have the authority as may be necessary in the interest of public safety, health, and general welfare to promulgate rules and regulations, to interpret and implement the provisions of this section and to secure the intent therefor. (Ord. 478-92.)
1113.02 Use of water from fire pipes.
Water shall not be used from any fire pipe, or extinguisher system, nor seals broken or removed, except in case of fire. In all cases where seals are broken or removed, written notice of the same must be given to the director of public utilities Director of Public Utilities within twenty-four (24) hours after its occurrence. (Ord. 478-92.)
1113.03 Obstructing, using or defacing fire hydrants; permits, fees and charges.
(A) (1) No person shall in any manner, obstruct or cause to be obstructed, any fire hydrant in the city, nor place or cause to be placed, in or upon any public place or thoroughfare of the city, within ten (10) feet of any fire hydrant any articles, things, materials, dirt, snow or other substances so as to obstruct such hydrant.
(2) No person other than employees of the city of Columbus, division of fire Division of Fire or division of water Division of Power and Water, shall connect any hose with or draw any water from, nor in any way molest or interfere with any of the fire hydrants of the city, without a permit approved by the fire official and the administrator of the division of water Division of Power and Water, or their designees. (Ord. 2902-88.)
(3) The fire official and the director of the department of public utilities Department of Public Utilities shall have authority as may be necessary in the interest of public safety, health and general welfare to promulgate rules and regulations, to interpret and implement the provisions of this chapter, to secure the intent thereof, to establish permit fees and to designate requirements applicable because of climatic or other conditions. (Ord. 478-92.)
1113.04 Injuring, obstructing water system fixtures.
No person shall place or deposit any dirt or material in any fire hydrant or in any valve box or stopcock box, or commit any act tending to obstruct the use thereof or injure in any manner any fixture connected with the system of the division of water Division of Power and Water. (Sec. 44.11.)
1113.05 Destruction of property.
No person shall commit any act tending to deface, damage or obstruct in any manner any building, machinery, pipe, apparatus or other fixture of the division of water Division of Power and Water. (Sec. 44.12.)
1113.06 Liability of certain persons for acts of others.
In all cases where any servant, employee, apprentice or minor shall be guilty of any violation of the provisions of this chapter or any ordinance for the management and protection of the division of water Division of Power and Water or any of the prescribed rules and regulations of the division of water Division of Power and Water, the master, mistress, employer, parent or guardian of such person shall be held responsible for such violation as well as the persons committing the offense. (Sec. 44.9.)
1115.02 Scope.
The provisions of this chapter shall be effective within the city of Columbus corporate limits and outside of the corporate limits to the maximum extent allowed by Ohio Revised Code Section 743.25 and any other state or federal law. Nothing contained in this chapter shall be construed so as to interfere with any existing or future lawful requirements that may be, or heretofore were, imposed by any other public body authorized to enact sanitary, health or water pollution abatement restrictions so long as such requirements are consistent with, or more stringent than, the stated purpose of this ordinance. Nothing contained in this chapter shall be construed so as to interfere with the duties and powers of the director of public utilities Director of Public Utilities of the city of Columbus, Ohio. (Ord. 478-92.)
1115.04 Definitions.
(7) "Director" means the director of public utilities Director of Public Utilities of the city of Columbus, Ohio, or his/her designee. (Ord. 478-92.)
(33) "Utilities department" means department of public utilities Department of Public Utilities of the city of Columbus, Ohio. (Ord. 478-92.)
1115.11 Reporting requirements.
(B) Reporting of Spills, Leaks or Discharges.
(1) Any person with direct knowledge of a spill, leak or discharge of a regulated substance within a wellfield protection area shall, if such spill, leak or discharge escapes containment, contacts a nonimpervious ground surface and is not immediately and completely remediated, give notice to the administrator of the division of water Division of Power and Water by telephone.
1137.05 Well water used for cooling purposes.
In the use of water from any drilled well for cooling purposes in the city such water shall be returned to the earth by means of an additional drilled well for such purpose. All such wells and return wells shall be drilled, cased, maintained and operated under rules established by and with the approval of the director of public utilities. However, if the flow from such cooling system is of such amount and the water of such condition as not to interfere with the operation or to damage the sewer or drainage system of the city, any person operating such cooling system may, upon the issuing of a permit therefor by the director of public utilities Public Utilities, on the recommendation of the administrator of the division of water Division of Power and Water, convey such water through a meter to the sewerage or drainage system of the city. Such meter shall be installed by and at the expense of such owner under the supervision of the director of public utilities and be read by the regular water meter readers of the city quarterly and be billed and paid for under the same rules and regulations as are provided for by the division of water Division of Power and Water for the sale of water. Such amounts when so paid into the city treasury shall be credited to the general fund.
In addition to any penalty prescribed for violation of this section, any person who shall fail to pay the charge as herein levied and assessed for the conveying of water into such sewer or drainage system within ten (10) days from the date the same shall become due and payable shall be subject to have the conveyance pipe disconnected from such sewerage or drainage system of the city and no connection thereafter shall be made to such sewer or drainage system until such person shall have paid all amounts due and a charge of one dollar ($1.00) for reconnecting the same. (Ord. 478-92.)
1147.14 Measurement of water, determination and payment of charges.
A proportionate charge shall be made to all users that discharge wastewater, either directly or indirectly, into the city sewerage system. Such charges shall be based on the quantity of water used as measured by a water meter or through the use of a sewage flow meter and the users wastewater strength classification as determined in accordance with this chapter. All water and sewage flow meters and their installation shall meet the acceptability of the director.
(a) In the event a lot, parcel of land, building premises, municipal corporation or other political subdivision, discharging sanitary sewage, industrial wastes, water or other liquids into the city sewerage system, either directly or indirectly, is a user of water supplied by the division of water Division of Power and Water of the city, and the quantity of water used is measured by a water meter acceptable to the city's director of public utilities, then, in each such case, the quantity of water used, as measured by said meter, shall be used to determine the sewer charge as provided in this chapter.
(b) In the event a lot, parcel of land, building, premises, municipal corporation or other political subdivision discharging sanitary sewage, industrial wastes, water or other liquids into the city sewerage system, either directly or indirectly, is a user of water supplied by the division of water Division of Power and Water of the city, and the quantity of water used is not measured by a water meter or is measured by a water meter not acceptable to the director of public utilities Public Utilities, then, in each such case, the owner or other interested party shall, at his or its own expense, install and maintain a water meter acceptable to the director and the quantity of water used, as measured by said meter, shall be used to determine the sewer charge as provided in this chapter.
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(c) In the event a lot, parcel of land, building, premises, municipal corporation or other political subdivision, discharging sanitary sewage, industrial wastes, water or other liquids into the city sewerage system, either directly or indirectly, is not a user of water supplied by the division of water Division of Power and Water of the city, and the water used thereon or therein is not measured by a water meter or is measured by a water meter not acceptable to the director of public utilities Public Utilities, then, in each such case, the owner or other interested party shall, at his or its own expense, install and maintain a water meter acceptable to the director and the quantity of water used, as measured by said meter shall be used to determine the sewer charge as provided in this chapter.
(d) In the event a lot, parcel of land, building, premises, municipal corporation or other political subdivision, discharging sanitary sewage, industrial wastes, water or other liquids into the city sewerage system, either directly or indirectly, is a user of the water supplied by the division of water Division of Power and Water of the city, and, in addition, uses water from another source which is not measured by a water meter or is measured by a water meter not acceptable to the director of public utilities, then, in each case, the owner or other interested party shall, at his or its own expense, install and maintain water meters satisfactory to the director on all supplies and the quantity of water used to determine the sewer charge shall be the sum of the quantities of water measured by the several meters.
(g) The director of public utilities may require, as a condition to any sewerage agreements entered into as hereinabove provided, that the city shall be furnished with information and data as to all sources of water supply, other than the Columbus' division of water Division of Water, which may be in existence or may later be developed within the confines of the premises covered in such agreement, such data and information, in the case of wells, to include the location, size, capacity and depth thereof. (Ord. 478-92.)
1153.01 Sewer and water advisory board.
There shall be a sewer and water advisory board consisting of the city auditor or his representative; the director of public utilities Director of Public Utilities or his/her representative; the director of finance and management or his representative; six (6) citizens of the city of Columbus, one (1) of whom is knowledgeable and representative of residential customers, one (1) of whom is knowledgeable and representative of low-income residential customers, and one (1) of whom is knowledgeable and representative of senior citizen residential customers, and one (1) citizen of a political subdivision other than Columbus which is a customer of the Columbus division of water Division of Power and Water and the Columbus division of sewerage and drainage Division of Sewerage and Drainage, appointed by the mayor with the concurrence of city council in accordance with Section 61 of the Charter of the city to serve for a term of four (4) years; the four (4) appointed members of the board currently serving four (4) year terms shall serve those terms to conclusion; the three (3) new members of the board shall initially be appointed as follows: one (1) for a term of two (2) years, one(1) for a term of three (3) years, and one (1) for termof four (4 years, all subsequent appointments, except those to fill vacanies for the unexpred term, shall be for a full term of four (4) years.
The board shall select one (1) of its members as chairman, and a rate clerk of the department of public utilities Department of Public Utilities shall act as secretary, but shall have no vote. The board shall meet upon call of the chairman or any three (3) members upon at least seventy-two (72) hours written notice to each member or at such time as may be set by the board at any regularly called meeting.
The sewer and water advisory board shall review at least annually the operation of the division of sewerage and drainage Division of Sewerage and Drainage and the division of electricity Division of Power and Water for the purpose of reviewing the adequacy of the rates established for and charged by said divisions and recommending to council such changes in rates, if any, as in the opinion of the board are necessary. In making such review and recommendations, the board shall be guided by Sections 120 to 123 of the Charter of the city of Columbus and the projected needs, and plans of the division, and the past and projected expenses and revenues of the division.
On or before the last Monday of October of each year, or at such other times as requested by council, the sewer and water advisory board shall prepare a report to council with the board's recommendations as to whether a rate change is required in either the division of sewerage and drainage or the division of water Division of Power and Water, and if so, the recommended rates that should be established for each such division together with such detailed information and data, and in such form, as the board deems necessary. (Ord. 478-92; Ord. 1102-05 ยง 1 (part).)
Chapter 1161 DIVISION OF ELECTRICITY POWER AND WATER; ELECTRICITY FUNDS
1161.01 Rules and regulations.
The Director of the Department of Public Utilities is hereby authorized and directed to promulgate and adopt rules and regulations for the Division of Electricity to administer the affairs of the Division. The rules and regulation shall provide:
1. Charges and fees for personnel services, administrative costs, indirect costs, labor and material supplied by the Division of Electricity to others.
2. Credit and debit adjustments to customer accounts and refunds due customers.
3. Policies and procedures for the Division.
4. The Director may promulgate and adopt such other rules and regulations, not inconsistent with the City Codes, as may be necessary to promote the general success of the Division of Electricity. (Ord. 478-92.)
1161.03 Deposits for electric service.
(a) Moneys received by the City Treasurer as a deposit guaranteeing payment for electric service furnished by the Division of Electricity Power and Water, shall be temporarily entered in the City Auditor's account designated sinking fund suspense trust (Electric Service).
(b) All moneys transferred to the Sinking Fund in accordance with C.C. 1161.05 shall be thereafter retained until either returned to the depositor or claimed by the lawful owner. If not claimed within a period of five years after termination of the services for which the deposit was made, such money shall revert to the Electricity System Revenue Fund of the Division of Electricity Power and Water. (Ord. 2972-87.)
1161.04 Investment generally; return.
Upon receipt of a properly executed voucher, approved by the Director of Public Utilities, the City Auditor is authorized and directed to transfer moneys accumulated in the sinking fund suspense trust (Electric Service), to the trustees of the sinking fund for investment purposes; and vice-versa, upon receipt of a properly executed order from the Division of Electricity Power and Water approved by the Director of Public Utilities, the trustees of the sinking fund shall return to the City Treasurer sufficient moneys to reimburse him for any refunds that have been advanced by him, on request from the Division of Electricity Power and Water. (Ord. 478-92.)
1161.05 Authority of trustees of sinking fund.
The trustees of the sinking fund are authorized and directed to invest any or all of the guarantee deposit moneys, originating from the operations of the Division of Electricity Power and Water in the provision of electricity service, transferred to them, according to their discretion and deemed to be to the best interest of the City and the depositors according to law.
1161.06 Disposition of interest and other income.
(b) All interest earned on said deposits in excess of the four percent per annum refunded to the depositor as set forth in Section 1161.07 shall revert to the Electricity System Operating Revenue Fund for the Division of Electricity Power and Water. (Ord. 2972-87.)
1161.07 Return of interest upon refund.
In making refunds to any depositor, the Division of Electricity Power and Water is authorized and directed to refund the principal amount plus interest at the rate of four percent per annum, calculated on a calendar month basis (fractions of a calendar month to be disregarded), less any outstanding charges against the account. (Ord. 1950-75.)
1161.08 Procedure where earnings insufficient to pay interest; transfer.
In the event the earnings from the deposited funds, invested by the trustees of the sinking fund, shall be insufficient to pay the interest due to the depositor, then such difference shall be paid into the sinking fund from the electricity operating funds of the Division of Electricity Power and Water. Except for the purpose of liquidating delinquent bills for electric service to the depositors and for the purpose of refunding such deposits none of the funds deposited hereunder shall be transferred out of the fund. (Sec. 15.8.)
Chapter 1163 MUNICIPAL ELECTRIC RATES
1163.01 Definitions.
(e) "Contract location" means each separate point of delivery of service metered and billed under a separate service contract. Under special conditions, two (2) or more services supplied to a consumer at one (1) "contract location" may be combined on one (1) service contract as determined by the director of public utilities Director of Public Utilities or designee under the applicable schedule.
1163.02 Rates established.
For each metered service, or location, rate schedules for electric energy and service furnished by the division of electricity Division of Power and Water, department of public utilities Department of Public Utilities, to the various classes of users and consumers, shall be established and fixed as set forth in this chapter.
The director of public utilities Director of Public Utilities or designee shall determine the applicable rate schedule and permitted use at the time the service contract is entered into. Such determination shall be reviewed periodically and any change in the applicable rate schedule or permitted use determined necessary for the proper serving of the consumer and the protection of the electric energy supply of the city, shall become effective as of the date of the next succeeding billing. (Ord. 972-94.)
1163.03 Power cost reserve adjustment.
(2) "ORA," the operating reserve allocation component of the power cost reserve adjustment, is an upward or downward adjustment in power cost reserve adjustment rate level as determined necessary by the director of public utilities Director of Public Utilities or designee to maintain competitive rates and/or to provide revenue to meet established Project 2020 goals. The director or designee may set or adjust the ORA monthly; provided, in no event, shall the director or designee set or adjust the ORA level to be greater than $0.008 per KWH above the PCA for the third month preceding.
1163.04 Residential electric service, Schedule "A".
Type of Service:
The service shall be supplied at 120/240 volts, single phase, 60 hertz, alternating current from the Division of Electricity Power and Water distribution system.
1163.05 Residential electric service, Schedule "A-l" (Small User).
Availability:
Residences, Apartments and Dwelling Units providing domestic accommodations for an individual family. Any new customer or an existing customer who changes service location will be billed under Schedule "A" until the first billing month during the summer period, unless such customer establishes to the satisfaction of the Division of Electricity Power and Water that his usage would be within the limits provided in this schedule.
Type of Service:
The service shall be supplied at 120/240 volts, single phase, 60 hertz, alternating current from the Division of Electricity Power and Water's distribution system.
1163.076 Interruptible power, Schedule "IRP".
(a) The city reserves the right to curtail service under this schedule when, in the sole judgement of the city, a capacity deficiency exists or is projected to exist on the city of Columbus, division of electricity Division of Power and Water, system. A capacity deficiency shall mean any instance in which the division of electricity Division of Power and Water system's available purchase power or generating capacity is insufficient to satisfy its load requirements. When a curtailment is called for, service to the customer will be curtailed in accordance with the division of electricity Division of Power and Water critical customer load list. The duration or frequency of such capacity deficiency curtailments shall not be limited.
(f) The city reserves the right to interrupt the sale of replacement electricity to the customer if, in the sole judgment of the city, such electricity is required to maintain service to the city's customers with a higher priority of service according to the division of electricity Division of Power and Water critical customer load list for system integrity. Any such interruption shall be remedied as quickly as reasonably possible and must be preceded by the exhaustion of other reasonable alternatives consistent with good utility practice to avoid the interruption.
1163.12 Private area lighting (overhead).
Availability: Available for the lighting of private areas to customers of the Division of Electricity Power and Water.
1163.125 Private area lighting (underground).
Availability: Available for the lighting of private areas to consumers of the Division of Electricity Power and Water served by the City's underground distribution facilities.
1163.19 Service charge.
Dishonored Check Charge:
When a check received from a customer in payment for service rendered is not honored by the bank, the customer will be charged twenty-five dollars ($25.00) to pay the additional cost incurred by the Division of Electricity for processing the check, unless the customer shows that the bank was in error.
1165.01 Street lights required.
Any developer of commercial and residential development within the City of Columbus shall install street lights along public right of ways at locations to be determined by the Division of Electricity Power and Water. (Ord. 1371-90.)
1165.03 Cost of installation.
The developer shall furnish and pay the entire cost and expense of installing, complete, in place a street lighting system including but not limited to control sights, excavations, trenching, installation of conduit, foundations, anchor bolts, standards, cable, luminaries and lamps. The Division of Electricity Power and Water shall provide inspection services. (Ord. 1371-90.)
1165.04 Compliance with the Division of Electricity Power and Water streetlight specifications.
(a) All street lights shall be furnished and installed in compliance with plans, specifications and engineering standards established by the Division of Electricity Power and Water.
(b) The system shall be designed to provide the average maintained illuminate value, on the street pavement, that is in compliance with Division of Electricity Power and Water standards. The Division standards are similar to those contained in the latest revision of publication American National Standard Practice for Roadway Lighting (ANSI/IES RP 8). (Ord. 1371-90.)
1165.05 Agreements to erect street lights.
Upon receipt of information that a developer will cause the installation of street lights pursuant to this chapter, the Director of Public Utilities and Aviation is authorized to enter into agreements, granting such right and privilege, and such agreements shall contain the following provisions and conditions.
(a) The City shall be held free and harmless from any and all claims for damages of every nature arising or growing out of the improvements so agreed to be made.
(b) The party requesting the installation of street lights shall pay the cost of inspection and shall deposit, with the City Treasurer through the administrator of the Division of Electricity Power and Water, the sums of money estimated by the administrator of the Division of Electricity Power and Water to be necessary therefor, and in the event that such estimated amounts are to be insufficient shall deposit such additional amounts as are necessary upon demand. All unexpended monies so deposited shall be refunded. (Ord. 1371-90.)
(c) Such party shall furnish a surety bond or an irrevocable letter of credit issued by a bank and subject to the provisions of Chapter 1305 of the Ohio Revised Code satisfactory to the Director of Public Utilities, or a certified check upon a solvent bank of the City, in the sum of 100% of the estimated cost of the proposed improvement to guarantee the performance of the agreement and to warrant all work performed against and defective work or labor done, or defective material furnished for a period of one year following acceptance by the Division of Electricity Power and Water. (Ord. 478-92.)
(d) Any violations of the terms of the agreement or non-compliance therewith shall constitute a breach of contract and the administrator of the Division of Electricity Power and Water shall have the right and privilege to stop the work forthwith.
SECTION 3. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.